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2018年4月2日 星期一

Overnight Tech: Latest in Trump's fight with Amazon | Trump defends Sinclair | Missouri AG subpoenas Facebook | Feds ask Supreme Court to dismiss case against Microsoft

 
 
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TRUMP GOES AFTER AMAZON, DEFENDS SINCLAIR: President Trump set the tone for the week in a series of Monday morning tweets. In one, he kept up his broadside against Amazon, criticizing the company's arrangement with the postal service.

"Only fools, or worse, are saying that our money losing Post Office makes money with Amazon," the president wrote. "THEY LOSE A FORTUNE, and this will be changed. Also, our fully tax paying retailers are closing stores all over the country...not a level playing field!"

{mosads}The tweet follows a number of attacks on the online retail giant over the past week. Over the weekend, Trump accused The Washington Post, which is owned by Amazon CEO Jeff Bezos, of acting as a "lobbyist" for Amazon. He's also complained that the company does not pay its fair share of taxes and is making it impossible for small businesses to survive.

The U.S. Postal Service does offer Amazon a discount on shipping due to the volume of packages it distributes, but the details of the contract are not public.

CBS News fact-checked Trump's claims and found that while "the postal service is struggling, it's not because of Amazon."

Still, Trump is not alone in his criticisms of Amazon. The company's dominance in online retail has hurt small businesses and shut out competitors, some critics argue.

But if the president is truly concerned about Amazon's growing power in the U.S., he's had plenty of opportunities to do something about it. The FTC, which has been operating with just two of its five seats filled throughout his administration, signed off on the company's acquisition of Whole Foods last year just two months after the deal was announced.

And the tax bill that Trump signed in December will give Amazon a $789 million windfall, according to the Institute on Taxation and Economic Policy, which also found that the company paid nothing in federal taxes last year.

 

On Monday, the president also defended Sinclair after the right-leaning news conglomerate came under widespread criticism for its "must run" programming. It appears to be the first time he's injected himself into the debate over Sinclair.

"So funny to watch Fake News Networks, among the most dishonest groups of people I have ever dealt with, criticize Sinclair Broadcasting for being biased. Sinclair is far superior to CNN and even more Fake NBC, which is a total joke," he wrote in the tweet.

Sinclair is the country's largest holder of local television stations (among its assets are local NBC affiliates). It's also awaiting approval of a merger with Tribune Media, a deal that would expand its local television holdings to reach around 70 percent of the country's TV-viewing audience.

--Remember, Democrats in Congress are widely opposed to the deal and have criticized the Federal Communications Commission for what they see as favorable treatment of the broadcaster. In February, it was revealed that the agency's inspector general had opened an investigation into Chairman Ajit Pai's handling of Sinclair.

 

Please send your tips, comments and April Fool's Day survival tales to Ali Breland (abreland@thehill.com) and Harper Neidig (hneidig@thehill.com) and follow us on Twitter: @alibreland and @hneidig. We're also on Signal and WhatsApp. Email or DM us for our numbers.

 

ANOTHER DAY, ANOTHER HEADACHE FOR FACEBOOK: On Monday, Missouri Attorney General Josh Hawley (R) announced that he has subpoenaed Facebook following the Cambridge Analytica data controversy.

Hawley told reporters that he wants information on what data Facebook has given to political groups and whether it's fully disclosing its data practices to users.

"I want to know, does Facebook truly disclose to its users the kind of data that it collects?" Hawley said at a press conference. "Does it disclose how it uses this information? Does it disclose how it shares this information?"

--Don't forget: In November, Hawley, who's challenging Sen. Claire McCaskill (D-Mo.) for her seat, also hit Google with a subpoena in an antitrust investigation.

 

Zuckerberg continued his media blitz in an interview with Vox's Ezra Klein on Sunday night, firing back at Apple CEO Tim Cook and addressing the company's possible role in Myanmar's ethnic cleansing crisis.

 

Background reading on Facebook and Myanmar: Top U.N. officials in March said that the social media platform is contributing to ethnic cleansing in the country by helping the spread of hate speech.

Facebook's scramble in the wake of the Cambridge Analytica stories and the renewed scrutiny on data practices comes as the tech industry is readying itself for the GDPR, a sweeping new European data regulation that will go into effect in May. Check out Harper's story over the weekend on the preparations.

That's not all of Facebook's worries. The company is also distancing itself from a controversial internal memo that surfaced last week. Check out Ali's story on the new controversy.

 

DOJ ASKS SCOTUS TO DISMISS MICROSOFT CASE: The Justice Department on Friday asked the Supreme Court to throw out a case against Microsoft that would determine whether U.S. law enforcement can search and seize overseas data.

More from our colleague Lydia Wheeler:

"In a 16-page motion filed Friday, Solicitor General Noel Francisco said the spending bill resolved the question before the court; namely, whether a service provider responding to a probable-cause based warrant issued under the Stored Communications Act has to produce information within its 'possession, custody, or control,' regardless of whether its stored inside or outside of the United States. "

  

TECH WOES, TRADE WARS PROMPT STOCK PLUNGE: As Sylvan Lane reports, the back-and-forth between the Trump administration and China over tariffs combined with tech giants' troubles caused heavy losses in the market on Monday. From Sylvan:

"The Dow Jones industrial average lost 459 points Monday, a 1.9 percent loss, after falling by more than 700 points during trading. The S&P 500 index and Nasdaq lost 2.2 and 2.7 percent each, falling into correction range, a 10-percent drop from their 52-week highs."

 

QUESTIONS FOR GRINDR ON HIV DATA: Concerns over mass data collection are spreading to other technology companies. Grindr, a gay dating and hook-up app, has reportedly provided its users' HIV statuses to two outside companies.

Apptimize and Localytics, both data-optimization firms, have received certain information that some Grindr users choose to include in their profiles, including their HIV status and "last tested date."

Context: Mass data collection and sharing between companies is not new, but now there are new concerns from the public stemming from Facebook's mishandling of data from 50 million users that ended up in the hands of Cambridge Analytica.

 

LONGREAD OF THE DAY: Mark Zuckerberg's trash is a very secretive affair. That's what The Outline wrote in a deep (not dumpster) dive into one writer's attempt to get his hands on the Facebook CEO's trash. It apparently isn't easy to do.

 

ON TAP:

Federal Communications Bar Association Wireline Committee discussion on the transfer of universal service funding to the U.S. Treasury at 12:15 p.m.

 

IN CASE YOU MISSED IT:

The Ringer: A take on the larger implications of Silicon Valley's "memo culture"

Reuters: All eyes are on Amazon's new grocery store, but in China Walmart has its own high-tech store in the works.

Engadget: Tesla has finally release details about its autopilot mode crash in March and federal investigator say it's not enough.

Op-ed: Facebook is not to blame; we are

 
 
 
 
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Overnight Cybersecurity: Missouri AG subpoenas Facebook over data practices | Breach hits retailers Saks, Lord & Taylor | Tech scrambles to prepare for EU privacy law

 
 
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Welcome to OVERNIGHT CYBERSECURITY, your daily rundown of the biggest news in the world of hacking and data privacy. We're here to connect the dots as leaders in government, policy and industry try to counter the rise in cyber threats. What lies ahead for Congress, the administration and the latest company under siege? Whether you're a consumer, a techie or a D.C. lifer, we're here to give you ...

 

THE BIG STORIES:

--THE LATEST: MISSOURI AG SUBPOENAS FACEBOOK: Missouri's attorney general said on Monday that he's subpoenaed Facebook about its data practices following reports that a political consulting firm improperly obtained information on 50 million users. Josh Hawley, a Republican who is running for Sen. Claire McCaskill's (D) seat, announced that his office had sent the social media giant a list of 60 questions about data that it gives to political groups. "I want to know, does Facebook truly disclose to its users the kind of data that it collects?" Hawley said in a press conference. "Does it disclose how it uses this information? Does it disclose how it shares this information?" "We look forward to responding to Attorney General Hawley's questions when we receive the details of his request," Will Castleberry, Facebook's vice president for local and state policy, said in a statement. Hawley also said that he would be investigating whether there was a nexus between Google's data collection and Facebook's. He is asking Facebook for information on what data its app collects on Android phones and how it uses that data. In November, Hawley issued a subpoena to Google in an antitrust investigation, saying that federal regulators have given the search giant a "free pass." That announcement came a few months after Google was hit with a record fine from the European Union for favoring its own comparison shopping service in its search results. Hawley at the time blasted the Obama-era FTC for not taking action against Google in its own investigation of the company's search practices. Hawley was among the 37 attorneys general who sent a letter to Facebook last week demanding answers about reports that Cambridge Analytica, a company that was hired by the Trump campaign ahead of the 2016 election, obtained a trove of personal information on 50 million users without their knowledge or consent. "There is no excuse for this irresponsible handling of user data," Hawley said Monday.

To read more from our piece, click here.

 

--RUSSIAN HACKER EXTRADITED: A Russian hacker accused of breaching LinkedIn and other U.S. companies in 2012 was extradited to the United States from the Czech Republic late last week. A spokesman for the Czech Justice Ministry confirmed to Reuters that Yevgeniy Nikulin, the Russian suspect, had been extradited to face hacking charges in the U.S. The Justice Department indicted Nikulin in October 2016 for hacking LinkedIn, Dropbox and Formspring, a now-defunct social networking site, in 2012. Authorities in the Czech Republic arrested Nikulin earlier that same month, in cooperation with the FBI. Authorities have been weighing the United States' extradition request with one from Russia, which wanted him extradited on separate charges dating back to 2009. The decision comes days after House Speaker Paul Ryan (R-Wis.) said during a trip to Prague that he hoped Nikulin would eventually be extradited. Nikulin is accused of hacking computers belonging to the San Francisco-based companies and stealing user names, email addresses and passwords. He allegedly later attempted to sell the information stolen from Formspring. The breach compromised the emails and passwords of 117 million LinkedIn users.

To read more from our piece, click here.

 

--BREACH HITS MAJOR RETAILERS: Shoppers at a trio of department store chains may have had their personal information compromised after a data breach of the payment system for Hudson's Bay Company. The Associated Press first reported Sunday that hackers stole customer information from systems connected to Saks Fifth Avenue, Saks Off Fifth and Lord & Taylor. Hudson's Bay, the Canada-based parent company that owns all three retailers, confirmed the breach on Sunday, and said it has launched an investigation into the incident. The company also said it took steps to mitigate the breach. Meanwhile, New York-based security firm Gemini Advisory had released information on the breach earlier Sunday, saying that a hacking group called JokerStash had started selling credit and debit card information linked to the breach on the dark web. The company said there is evidence the data breach began about a year ago and that the hacking group responsible has previously targeted major hotel and restaurant chains. It is unclear how many customers were impacted by the breach, though hackers claimed last week to have 5 million stolen cards to put up for sale, according to the cybersecurity firm. The latest disclosure comes days after Under Armour revealed that a breach of its MyFitnessPal app impacted information on as many as 150 million users. Hackers accessed usernames, email addresses, and hashed passwords but did not make away with any information on payment cards, which is collected and processed separately, the company said.

To read more of our breach coverage, click here and here.

 

A LEGISLATIVE UPDATE: 

ELECTION SECURITY FUNDS: The Trump administration has given states $380 million to upgrade and secure their voting technology.

The funding was included in the massive appropriations bill approved by Congress and signed by President Trump last week. It represents an effort by lawmakers in Washington to protect upcoming elections from cyber threats, following Russian interference in the 2016 presidential election.

The U.S. Election Assistance Commission (EAC) has specified the exact amount allocated to each state, according to a list posted late this week. California will receive the largest award -- roughly $35 million -- followed by Texas with $23 million and New York with $19 million.

States can use the funds to make technology and election security improvements in order to secure their voting infrastructure.

For example, Vermont Secretary of State Jim Condos (D) recently told The Hill that his state may invest in additional penetration testing and implement two-factor authentication for town clerks who access portions of the voter registration database. The state of Vermont will receive $3 million of the election security funds, according to the EAC.

"We will look at how we can ramp up even more security," Condos said. "We'll look at maybe beefing up our firewalls."

Experts and lawmakers have stepped up calls for states to secure their digital voting systems after the Department of Homeland Security revealed that Russian hackers targeted election infrastructure in 21 states as part of a broader effort to interfere in the 2016 presidential election. 

Most of the efforts were not successful, officials have said, though Illinois has disclosed that its voter registration database was breached. Officials also maintain there is no evidence any vote tallies were changed.

But the developments have nevertheless raised awareness about security surrounding voter registration databases and even voting machines themselves. Experts have increasingly called for states to do away with outdated paperless voting machines and replace them with systems that produce voter-verified paper backups that can be audited in the event a result is called into question.

To read more from our piece, click here.

 

A REPORT IN FOCUS:

Researchers for risk intelligence firm Flashpoint say hackers are increasingly targeting e-commerce websites that run on the widely used open-source Magento platform in order to steal credit card numbers as well as distribute malware to illegally mine cryptocurrency.

Cybercriminals are using "brute-force password attacks" to breach administration systems on the websites, which then gives the hackers uninhibited access to the site, including webpages that process payment information, according to a report released Monday.

Hackers appear increasingly interested in targeting the Magento platform since 2016 as well as "other popular ecommerce-processing content management systems such as Powerfront CMS and OpenCart," the report found, noting that it has uncovered at least 1,000 compromised Magento admin panels.

"The attackers are keen on avoiding detection and update the malicious files daily in order to sidestep signature- and behavior-based detection," according to the report.

Some attackers succeeded in getting access to such information because admins did not change their credentials after installing the platform, allowing cybercriminals to launch "automated scripts loaded with known credentials to facilitate access of the panels."

The Flashpoint analysts said Malware is first dispersed through the installation of AZORult, a trojan malware hosted on GitHub, and then steals sensitive information that it got from its victims, the analysts found.

From there, the infection chain kicks off and AZORult continues to download even more malware into the system like cryptocurrency mining software.

The researchers offer a range of recommendations to combat such attacks, including making an account's organizational password requirements complex, preventing users from reusing old passwords, and employing a two-factor authentication for sensitive systems.

 

A LIGHTER CLICK: Happy late Easter -- look out for phishing scams! (US-CERT)

 

WHAT'S IN THE SPOTLIGHT: 

GDPR: Facebook and other internet companies are racing to prepare for a sweeping new European Union (EU) privacy law that aims to give consumers greater control over the use of their data.

The law comes at a critical time for the industry, which is already facing tough questions over its data practices.

The General Data Protection Regulation (GDPR), which goes into effect across the EU on May 25, will drastically change what internet companies can do with customers' data.

Users will have greater control, including the ability to learn what information companies have on them. The GDPR will also codify what's known as "the right to be forgotten," meaning consumers will be able to order web services to delete their data or stop distributing it to third parties. The rules will also require companies to give users the ability to easily revoke consent for handing over personal information.

"I think it's going to have a fundamental seismic shift in the whole industry because it grants people rights over their data that they don't currently have," said David Carroll, an associate professor at the Parsons School of Design who studies digital media and data practices.

"It really empowers consumers to get a better deal; we've never really had a say in the deal," Carroll added.

Companies must also be upfront about what they are doing with users' personal information. Regulators say that web services will no longer be able to cloak the terms of their data practices in legalese.

"One of the main tenets of GDPR is to make sure that there is trust and to make it clear what the data is being used for," said Greg Sparrow, vice president and general manager of CompliancePoint.

The impending deadline has companies scrambling to bring themselves in line with the new law. Violations under the new rules would be met with hefty fines of $24.6 million or 4 percent of a company's global revenue -- whichever is larger.

Hovering over those efforts is the data scandal that saw a political consulting firm with ties to President Trump's 2016 campaign improperly obtain the personal information of 50 million Facebook users.

Věra Jourová, the EU's consumer protection chief, thinks the Cambridge Analytica incident underscores why privacy regulations like the GDPR are crucial.

"In my view this is not only about data protection [from] breaches, this is about a threat to democracy and individual freedoms," Jourová said in an interview with Bloomberg earlier this month.

"I can say that in Europe we are ready for these cases," she added.

A Facebook spokesperson told The Hill in a statement that the company is making sure its services comply with the new laws and will announce new updates before the deadline.

To read the rest of our piece, click here.

 

IN CASE YOU MISSED IT:

Links from our blog, The Hill, and around the Web.

Accused leaker Reality Winner wants to subpoena Homeland Security, states. (The Hill)

DOJ asks Supreme Court to dismiss case again Microsoft. (The Hill)

Agencies have one-year deadline to identify cyber workforce shortages. (The Hill)

Trump renews attack on Justice Department. (The Hill)

Lawmakers press Linux on security of open-source software. (The Hill)

Atlanta is still reeling after SamSam ransomware attack struck last week. (Gizmodo)

Hackers used spearphishing to harvest login credentials on a GSA website. (FedScoop)

The Department of Defense launches its fifth bug bounty program. (HackerOne)

Malaysia has outlawed so-called 'fake news.' (Reuters)

Apple is going to use its own chips in Macs as soon as 2020. (Bloomberg)

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Overnight Health Care: Senators probing cancer drug price hike | Iowa governor signs law allowing plans outside ObamaCare | Study links legalized marijuana to fewer opioid prescriptions

 
 
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Happy Monday, and welcome to Overnight Health Care. Congress is still on recess (vacation) and the health care world is pondering what it would actually look like if Walmart bought Humana.

 

Three senators are launching a probe into why a 40-year-old cancer drug has increased in price by 1,400 percent since 2013.

The drug in question, lomustine, was introduced in 1976 to treat brain tumors and Hodgkin lymphoma.

Lomustine, which has no generic competition, cost $50 for a capsule with the highest dose in 2013. Now a capsule with the same dose costs $768.  

The scrutiny comes as the Trump administration and Congress look for ways to lower ever-escalating drug prices, and as drug manufacturers, insurers and pharmacy benefit managers (the middlemen) continue to battle over whose fault it really is.

 

Energy and Commerce Committee Republicans are asking the Trump administration for more information about nursing homes participating in Medicare and Medicaid following media reports detailing instances of abuse and neglect.

Committee leaders specifically asked about the Florida nursing home that lost 14 residents in the wake of Hurricane Irma, after the facility's air conditioning failed.

"These reports raise serious questions about the degree to which the Centers for Medicare and Medicaid Services (CMS) is fulfilling its responsibility to ensure federal quality of care standards are being met, as well as its duty to protect vulnerable seniors from elder abuse and harm in facilities participating in the Medicare and Medicaid programs," Chairman Greg Walden (R-Ore.) and others wrote in a letter to CMS.

 

In the states

Iowa's governor signs law allowing plans outside ObamaCare

States are continuing to try to see if they can let insurers sell plans that don't comply with ObamaCare's consumer protections. Idaho tried, but was shot down by the Trump administration because it essentially decided it was going to ignore that ObamaCare exists. But Iowa could signal a path forward.

Iowa's governor on Monday signed into law that allows insurers to sell cheaper plans that don't comply with certain ObamaCare requirements, like covering mental health care, substance abuse treatment or even pre-existing conditions.

While critics say this would send Iowa back to the pre-ObamaCare days when insurers could discriminate, there may not be much of a legal recourse. These self-funded "health benefit plans" would not actually be considered health insurance, so they wouldn't have to comply with ObamaCare's requirements.

It's a loophole to be sure, but as the Trump administration is looking for ways to ease the ObamaCare "burden," alternative coverage arrangements could be the next big innovation from states.

 

California is suing one of the state's largest hospital networks over high health costs.

Here's a case state attorneys general will be watching: California on Friday sued Sutter Health for "anticompetitive practices" that increase health care costs.

California Attorney General Xavier Becerra (D) alleges Sutter Health has used its power to exclude competition and increase prices for patients substantially.

"Sutter Health is throwing its weight around in the healthcare market, engaging in illegal, anti-competitive pricing that hurts California families," Becerra said in a statement. "These tactics are risking Californians' lives by driving up the cost of healthcare for everyone."

However this case goes, it will have an impact on consolidation in the health care industry.

 

Fewer opioids prescribed in states that have legalized marijuana, study finds.

States that have legalized marijuana for medical or recreational purposes have seen fewer opioid prescriptions for Medicaid patients, according to a study published in the Journal of the American Medical Association.

This isn't exactly surprising. Research has shown similar correlations between legal marijuana and the number of opioid prescriptions and overdoses.

But as the U.S. continues to fight the opioid epidemic that killed 42,000 people last year, states should consider legalizing marijuana, the authors argue.

"The potential of marijuana liberalization to reduce the use and consequences of prescription opioids among Medicaid enrollees deserves consideration during the policy discussions about marijuana reform and the opioid epidemic," the authors of the study wrote.

 

The Trump administration on Monday released a sweeping final Medicare rule that included some policy changes intended to combat the opioid epidemic.

Specifically, the rule will allow Medicare Part D plan sponsors to implement drug management programs, which can limit at-risk beneficiaries' access to coverage for frequently abused drugs.

Sponsors will be allowed to "lock-in" certain beneficiaries to a selected prescriber and/or pharmacy in order to limit their access to frequently abused drugs.

Opioid abusers often try to obtain drugs from multiple doctors or pharmacies; this provision attempts to prevent that.

The policy was included as part of the Comprehensive Addiction and Recovery Act, which was signed into law in 2016.

 

What we're reading:

NIH rejected a study on alcohol advertising while pursuing industry funding for other research (Stat)

Grindr is letting other companies see user HIV status and location data (Buzzfeed)

Schools struggle with vaping explosion (The New York Times)

 

Op-eds in The Hill

'Right to try' preserves patient freedom, puts regulators on right path  

Americans want cheaper, generic drugs -- time for Congress to deliver

 
 

Send tips and comments to Jessie Hellmann, jhellmann@thehill.com; Peter Sullivan, psullivan@thehill.com; Rachel Roubein, rroubein@thehill.com; and Nathaniel Weixel, nweixel@thehill.com.

Follow us on Twitter: @thehill@jessiehellmann@PeterSullivan4@rachel_roubein, and @NateWeixel.

 
 
 
 
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